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Federal Court Strikes Down Texas Ban On Young Adults Carrying Guns In Public

https://www.theepochtimes.com/federal-court-strikes-down-texas-ban-on-young-adults-carrying-guns-in-public_4690141.html
https://www.scribd.com/document/589235443/U-S-judge-strikes-down-Texas-law-banning-young-people-from-carrying-handguns-in-public
https://www.firearmspolicy.org/federal-judge-strikes-down-texas-ban-on-handgun-carry-by-young-adults
https://www.theepochtimes.com/t-second-amendment

A federal judge has struck down a Texas law preventing individuals
aged 18 to 20 years from carrying handguns in public, in the first
major court ruling on Second Amendment rights since the Supreme Court
recognized a constitutional right to carry firearms in public for
self-defense.

Previously, the U.S. Court of Appeals for the 5th Circuit upheld the
state law, but that was before the Supreme Court issued its landmark
ruling.

The Supreme Court voted 6–3 on June 23 in New York State Rifle and
Pistol Association v. Bruen to strike down New York state’s tough
concealed-carry gun permitting system on constitutional grounds. At
the same time, the court found that laws preventing law-abiding
individuals from carrying firearms in public for self-defense cannot
be upheld unless they are consistent with the nation’s historical
firearm regulation traditions.

Before the ruling, laws in New York and seven other states required
applicants to demonstrate “proper cause” in order to obtain a license
to carry a concealed handgun in public. But the high court’s ruling
declared that New York’s proper-cause requirement—and by extension,
the laws of the other seven states—violated the 14th Amendment by
preventing law-abiding citizens with ordinary self-defense needs from
exercising their Second Amendment right to keep and bear arms in
public for self-defense.

Some states like Maryland rescinded their proper cause requirement but
other blue states have been slow to comply or have resisted the
decision outright. Since the ruling, civil rights activists have filed
several lawsuits aimed at reining in gun restrictions they argue are
not consistent with Bruen.

On Aug. 25, in a lawsuit filed in November of last year, Judge Mark
Pittman of the U.S. District Court in Fort Worth, Texas, ruled that
the Texas law violates the Bruen precedent. Texas officials had argued
that historical analogs justify the law.

    “The issue is whether prohibiting law-abiding 18-to-20-year-olds
from carrying a handgun in public for self-defense is consistent with
this Nation’s historical tradition of firearm regulation,” Pittman, a
Trump appointee, wrote in his opinion (pdf) in Firearms Policy
Coalition Inc. v. McCraw, court file 4:21-cv-1245.

    “Based on the Second Amendment’s text, as informed by Founding-Era
history and tradition, the Court concludes that the Second Amendment
protects against this prohibition. Texas’s statutory scheme must
therefore be enjoined to the extent that law-abiding
18-to-20-year-olds are prohibited from applying for a license to carry
a handgun.”

Pittman stayed his ruling for 30 days to give Texas an opportunity to appeal.

The Firearms Policy Coalition (FPC), which brought the lawsuit here,
hailed the new court ruling.

    “Texas cannot point to a single Founding Era law that prohibited
18-to-20-year-olds from carrying a functional firearm for
self-defense, because not only did no such law exist, but those
individuals are an important reason why we have a Bill of Rights in
the first place,” FPC senior attorney Cody Wisniewski said in a
statement.

    “The typical age of individuals that went to war with the British
for our Independence was between 17 and 20 years old. And young people
have just as much a right to keep and bear arms in public as adults
over the age of 21,” the attorney said.

    “This decision is a significant victory for the rights of young
adults in Texas and demonstrates for the rest of the nation that
similar bans cannot withstand constitutional challenges grounded in
history.”

The FPC said it is also pursuing lawsuits seeking to restore the right
of young adults to carry firearms in California, Georgia, Illinois,
Minnesota, Pennsylvania, and Tennessee.